VENDOR, Figures refer to Sections. who may be, 6 et seq. not necessary that goods should be in actual possession of, 6, n. (a). distinction between, 26, n. (p). in reference to contracts of infants or lunatics, 26, n. (p). WAGER, when illegal, 541, 542, and n. (0), 542 a. WAIVER OF CONDITIONS, 566 et seq. (See CONDITIONS.) WARRANTS, DOCK OR WAREHOUSE. (See DOCUMENTS OF TITLE.) EXPRESS, sale by description involves condition, not warranty, 600-606, 610. otherwise, in some American States, 600, n. (p). definition and nature of warranty, 600, 610. distinction between and antecedent representations, 610. ground of recovery when warranty is laid with scienter, 617, n. (i). a representation, in order to constitute a warranty, must be made warranty, after sale completed, requires new consideration, 611, and warranty of quality is not implied by mere fact of sale, 611. caveat emptor is the rule but subject to many exceptions, 611. no special form of words needed to create warranty, 613, and n. (k). interpretation of express warranties, and examples of decided cases, general warranty does not extend to defects visible on simple inspec- unless art used to conceal defects, 616, n. (e). conditions for return of horses not answering warranty, 599 a, and n. parol evidence inadmissible to prove or extend warranty in written. Figures refer to Sections. WARRANTY - Continued. admissible to explain and show warranty, not contained in informal warranty of future soundness, 623. warranties by agents — general rule, 624. agents for sale may give warranty, if usual, in order to effect a sale, but a servant of a private owner, intrusted to sell and deliver a horse exists in executory agreement, 627, 630, and n. (p). affirmation by vendor that the chattel is his, implies warranty of this affirmation may be implied from conduct as well as expressed in as to the time at which vendee can show a breach of warranty of title, right of vendee to remove lien on the goods, 627, n. (i). if vendor knows he has no title, it is a fraud to sell, if he conceal that the one controverted question is, whether in the sale of a chattel an discussion of the subject and review of the authorities, 628-638. submitted that the rule is now changed from that laid down in the to whom vendee liable when his vendor was not true owner, 628, 640, in America, warranty of title said to be implied only when the sale of title, in exchanges of property, 641, n. (i). possession of vendor equivalent to an affirmation of title, 641, n. (i). "possession," what it means, 641, n. (i). by civil law vendor's obligation of warranty, 406-409. by the civil law, warranty against eviction by paramount title is al- French Code on the subject, 643. IMPLIED, OF QUALITY, in sale of specific chattel, already existing, and inspected by the warranty of quality implied in sale of chattel to be made or supplied, 645. sale of specific chattel by description, a condition precedent that it Figures refer to Sections. WARRANTY Continued. sale by sample implies warranty that bulk equals sample, 648, and all sales where samples are shown are not sales "by sample," 649. to constitute sale by sample contract must be made solely with reference sample shown by manufacturer deemed to be free from secret defects, how when shown by one not a manufacturer, 648, n. (z). buyer's rights of inspection and rejection if goods not equal to sample, 651-653. American law on this subject, 653, 654. average sample, 654. whether in sale by sample there is any implied warranty of merchantable warranty of quality may be implied from usage, 655, and n. (a). subject to certain limitations, 655, n. (a). stipulation as to quality may amount to warranty, 644, n. (n). in sale of goods by description, not inspected by buyer, there is an statement that the article sold is of same quality as article previously in sale of securities, promissory notes, &c. 607, and n. (e). as to sales of packed cotton, 656, n. (ƒ). where goods are ordered of manufacturer, 657, and n. (1). article ordered of manufacturer by purchaser who tells the purpose for where manufacturer contracts to supply an article for particular pur- where manufacturer engages to supply goods manufactured by himself warranty does not extend to a depreciation of quality necessarily result- does not extend to the packages in which the goods are contained, 660. rule when goods are present and subject to examination, whether goods are sold for a particular purpose is a question for jury, implied warranty is excluded where express warranty has been given Figures refer to Sections. WARRANTY - Continued. warranty not implied in favor of a third person no party to the contract, 668. existence of thing sold properly a condition, not an implied warranty, 669. is there an implied warranty of quality in sales of provisions? 670, and submitted that there is not, 672, and n. (1). implied warranty from marks on packages, 673. remedies of the buyer on breach of warranty, 893 et seq. (See REME- remedies of vendee for breach when negotiable securities given, 902. WEIGHING of goods, effect on passage of title, 319, and n. (c). WHALE, property in when harpooned, 215, n. (b). WHARVES, sufferance wharves in London, 811. WORK AND LABOR, &c. WRIT, how distinguished from a contract of sale, 94-109, and n. (y). (See effect of outstanding writ of execution on the sale of goods by the WRITTEN CONTRACT, presumed to contain the entire agreement of the parties, to the exclusion WRONG-DOER, sale by owner, of goods withheld by, 6, n. (a). |